Code of Best Practices in Fair Use for Academic and Research Libraries
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CODE OF BEST PRACTICES IN FAIR USE FOR ACADEMIC AND RESEARCH LIBRARIES 14 extent that they are the most appropriate, relevant, and still timely materials for the course. PRINCIPLE: It is fair use to make appropriately tailored course-related content available to enrolled students via digital networks. LIMITATIONS: • Closer scrutiny should be applied to uses of content created and marketed primarily for use in courses such as the one at issue (e.g., a textbook, workbook, or anthology designed for the course). Use of more than a brief excerpt from such works on digital networks is unlikely to be transformative and therefore unlikely to be a fair use. • The availability of materials should be coextensive with the duration of the course or other time-limited use (e.g., a research project) for which they have been made available at an instructor’s direction. • Only eligible students and other qualiﬁed persons (e.g., professors’ graduate assistants) should have access to materials. • Materials should be made available only when, and only to the extent that, there is a clear articulable nexus between the instructor’s pedagogical purpose and the kind and amount of content involved. • Libraries should provide instructors with useful information about the nature and the scope of fair use, in order to help them make informed requests. • When appropriate, the number of students with simultaneous access to online materials may be limited. • Students should also be given information about their rights and responsibilities regarding their own use of course materials. • Full attribution, in a form satisfactory to scholars in the ﬁeld, should be provided for each work included or excerpted.